Legal Question in Real Estate Law in Massachusetts

My mortgage was placed into the bank's bankruptcy dept back in Dec 2009. I didn't learn of this till March 2010 when I called the financial institution about a concern of mine. Long story short the bank did not check the information they recieved from the bankruptcy courts. It was taken five long months but they have "fixed" my mortgage; I still have to check to see if they corrected my credit. Do I have any sort case?


Asked on 9/08/10, 4:13 pm

1 Answer from Attorneys

I am assuming you never filed bankruptcy and the Mortgage was placed in the Bankruptcy Dept in error.

I would check my credit and see if the bank corrected the information with the credit agencies. If not you need to send a certified letter demanding they clean your credit. If they do not correct it timely, then you have a case.

They should correct your credit. If you have already done all of this and they did not correct the information filed with the credit bureaus you may have a case, but the issue becomes aside from statutory damages which are limited what other costs or damages have you incurred.

If it is only the damage of your credit and it has not impacted your credit cards or ability to obtain credit, then the damage is minimal. If however the bank's action impacted your ability to get credit, then that is something else.

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Answered on 9/13/10, 4:22 pm


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